Whether they refer to their online terms as "website terms
and conditions," "terms of use," or something else,
online marketers and sellers often seek to enforce contracts to
manage the relationships with their customers and mitigate the
consequences of legal action. Two recent decisions illustrate that
marketers must obtain and have proof that customers agreed to their
terms.
Companies faced with putative class action lawsuits often use
class action waivers, mandatory arbitration clauses, choice of law,
and other provisions to reduce exposure and administer the
litigation process. Online terms provide other rights and
protections, including for permissible uses of the website,
automatic renewal programs, and user-generated content, such as
consumer reviews and feedback.
